We all often come across with clients asking whether it's actually possible to receive a tourist visa, fly, and also be in the states while expecting the decision on their K1 visa application considering on the comparatively longer waiting time before they might be issued a visa.
Apparently, there is absolutely no law barring one from seeking a us tourist visa while her very own K1 visa is awaiting. What could be restricted is definitely the act of developing the Consular Officer consider that the doorway to your U . s . is purely for pleasure in case the same is untrue, on the grounds that the real intention is to have married that has a U . s . fiance in the states. The greater appropriate question might be, will a traveler visa be granted awaiting K1 visa application?
In responding to the challenge, take a look again to your "presumption of immigrant intent" principle, which enunciates that any candidate for your non-immigrant traveler visa is deemed an intending immigrant. In the absence of convincing proofs to display non-immigrant intent with a view to dispute this conjecture, the visa application will fail. Should there be the pendency on the K1 visa application, it's going to be more complicated to display non-immigrant intent or simply a temporary stay than a travel visa applicant would like to make. Strict rules will apply in evaluating applicant's real intent. To your mind on the Consular Officer, the visit can be a prearranged conceive to migrate to your America and even various approach over the occasion the fact that K1 visa gets refused.
Granting the fact that Consular Officer was convinced on the require for the candidate to input the united states for a temporary basis and the entrant carries with it an existing & unexpired B visa, or entrance will depend on a visa waiver program, nevertheless isn't going to warrant a hassle-free entry. The Immigration Officers at a port of entry offers the authority and discretion to confess or deny every entrant to your United states of america together with their decision is free of charge from dispute.
Several of the factors which will influence your decision on the Consular Officer together with the Immigration Officer to determine for your benefit are: you could have good immigration history to your Usa or even to other countries, strong proof ties to your dwelling country like regular employment in the reputable company with your country, an exceptionally significant business travel or deal in the US, and then any other similar circumstances. Just as before, these aren't guarantees but a great benefit in obtaining a beneficial decision.